State of Louisiana Versus Elgigante Williams

STATE OF LOUISIANA NO. 24-KH-525

VERSUS FIFTH CIRCUIT

ELGIGANTE WILLIAMS COURT OF APPEAL

STATE OF LOUISIANA

November 08, 2024

Linda Wiseman
First Deputy Clerk

IN RE ELGIGANTE WILLIAMS

APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT,
PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE LEE V. FAULKNER,
JR., DIVISION "P", NUMBER 18-927

Panel composed of Judges Susan M. Chehardy,
Jude G. Gravois, and Marc E. Johnson

REQUEST FOR HABEAS CORPUS RELIEF DENIED

Relator, Elgigante Williams, pro se, seeks habeas corpus relief that

would allow him to assert a claim of factual innocence and obtain a contradictory

hearing based on “newly discovered” evidence, which he contends is supported by

affidavits. For the following reasons, relator’s request is denied.

On April 1, 2019, relator pled guilty to armed robbery, a violation of La.

R.S. 14:64, and illegal possession of a firearm by a convicted felon, a violation of

La. R.S. 14:95.1. Relator was sentenced to 20 years imprisonment at hard labor for

the armed robbery conviction, and to 10 years imprisonment at hard labor on the

firearm conviction, with the sentences to run concurrently. The district court

further sentenced relator to an additional 5 years imprisonment at hard labor

pursuant to La. R.S. 14:64.1(A), to run consecutively to the armed robbery

sentence and to run concurrently with the illegal possession of a firearm sentence.

The district court also ordered that the sentences imposed were to run concurrently

24-KH-525

with case numbers 17-2876 and 18-1569. As an appeal of relator’s convictions

and sentences was ultimately dismissed, relator’s convictions and sentences were

final as of April 1, 2019.

As an initial matter, while relator’s request herein seeks to have this Court

grant him habeas corpus relief that would allow him to assert a claim of factual

innocence and be granted a contradictory hearing, we note that the record is devoid

of any showing that relator first filed his request in the district court. Relator does

not attach or reference any judgment issued by the district court pertaining to a

factual innocence claim, and our review of the record indicates that no such filing

was made. Moreover, there is no “judgment” or “ruling” from the district court for

this Court to review. Nonetheless, comment (c) to La. C.Cr.P. art. 351 provides

that habeas corpus relief is not available to contest the validity of a conviction or

to have the sentence set aside. Rather, habeas corpus deals with pre-conviction

complaints concerning custody. See La. C.Cr.P. art. 351.

In the instant case, relator was convicted and sentenced in 2019; thus, his

request for habeas corpus relief is not the proper procedural device to assert a

claim of factual innocence, which is properly asserted through a timely filed

application for post-conviction relief. In that regard, relator is time-barred from

filing such an application under La. C.Cr.P. art. 926.2, which governs claims of

factual innocence, and La. C.Cr.P. art. 930.8(A)(1), which provides an exception to

the general rule relating to the timeliness of filing applications seeking post-

conviction relief when those applications assert a factual innocence claim.

Specifically, as to those instances, the Article provides that if the defendant pled

guilty to the offense of conviction, and five years or more have elapsed since the

petitioner pled guilty to the offense of conviction, he shall not be eligible for the

exception. More than five years have elapsed since relator pled guilty in April

2019, to armed robbery and illegal possession of a firearm. Any application for

2

post-conviction relief filed by relator making a claim of factual innocence is time-

barred.

Pretermitting discussion of relator’s failure to comply with the Uniform

Rules–Courts of Appeal, Rules 4–1, 4–1.1, 4–2, and 4–5, which set forth the

proper procedure in which to seek this Court’s supervisory review, for the

foregoing reasons, relator’s request for habeas corpus relief is denied. Under the

circumstances presented, relator is not entitled to the relief he seeks.

Gretna, Louisiana, this 8th day of November, 2024.

SMC
JGG
MEJ

3

SUSAN M. CHEHARDY CURTIS B. PURSELL

CHIEF JUDGE CLERK OF COURT

SUSAN S. BUCHHOLZ
FREDERICKA H. WICKER
CHIEF DEPUTY CLERK
JUDE G. GRAVOIS
MARC E. JOHNSON
STEPHEN J. WINDHORST LINDA M. WISEMAN
JOHN J. MOLAISON, JR.
FIRST DEPUTY CLERK
SCOTT U. SCHLEGEL
TIMOTHY S. MARCEL FIFTH CIRCUIT
MELISSA C. LEDET
JUDGES 101 DERBIGNY STREET (70053)
DIRECTOR OF CENTRAL STAFF
POST OFFICE BOX 489
GRETNA, LOUISIANA 70054 (504) 376-1400

(504) 376-1498 FAX
www.fifthcircuit.org

NOTICE OF DISPOSITION CERTIFICATE OF DELIVERY
I CERTIFY THAT A COPY OF THE DISPOSITION IN THE FOREGOING MATTER HAS BEEN
TRANSMITTED IN ACCORDANCE WITH UNIFORM RULES - COURT OF APPEAL, RULE 4-6 THIS
DAY 11/08/2024 TO THE TRIAL JUDGE, THE TRIAL COURT CLERK OF COURT, AND AT LEAST ONE OF
THE COUNSEL OF RECORD FOR EACH PARTY, AND TO EACH PARTY NOT REPRESENTED BY
COUNSEL, AS LISTED BELOW:

24-KH-525
E-NOTIFIED
24th Judicial District Court (Clerk)
Hon. Lee V. Faulkner, Jr. (DISTRICT JUDGE)
Thomas J. Butler (Respondent)

MAILED
Elgigante Williams (Relator)
Riverbend Detention Center
9450 Highway 65 South
Lake Providence, LA 71254